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Related Australia Law Questions
Our boundary fence is within our land and in our neighbours
Our boundary fence is within our land and in our neighbours land and is nto accurate. It was put up by the current neighbour, when the land was vacant some 20 years ago. We have discovered this issue when required to survey the land for our house to be built in 2019, when we advised the neighbour the fence is on our property (as well as theirs) and we do not consent to this remaining. He has also buyilt his front brick peir on crown and our land, and we required this to be remediated prior to building our brick piers. We had numerous discssions regading this, and eventually in Aug 2019 he consented to the brick ppier being cut to the proper boundary to enable us to erect our front fence. We stated in writing that we do not consent to the bundary fence remaining on our land. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
A boundary between 2 suburban houses is wrongly placed by a
A boundary between 2 suburban houses is wrongly placed by a matter of between 10 to 20 centimetres … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
Leon, We are living in Victoria and have just moved into our
Hello leon, We are living in Victoria and have just moved into our home after construction and have fencing and retaining wall questions for you please. On our south side of the property the master be… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
I am sharing a boundary with my neighbour till about a year
I am sharing a boundary with my neighbour till about a year and half ago. A builder bought my neighbour s property which had house in it. The builder demolished the house, too permission for subdividi… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
I live in Brisbane. Have a DA approved by Bne City Council
Hello. I live in Brisbane. Have a DA approved by Bne City Council for building. The building is approved to the boundary on one side of the block. The 60 year old chain wire boundary fence is actually… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
Having issue with neightbour re retaining wall. His side
Having issue with neightbour re retaining wall. His side higher than natural slope but he is saying that i should pay for a retaining wall since i am on the lower side. I am after some case/common law… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
We live in NSW. Our neighbours fence is built [by survey]
Second opinion] Peter we live in NSW. Our neighbours fence is built [by survey] within their own property boundary by mm's, but still within their own property boundary. Our last Termite inspection id… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
I am in a Strata Titled duplex The back one. And I wanted to
Hi I am in a Strata Titled duplex The back one. And I wanted to know why the fence between us is not between the Garages where the 2 properties meet? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,489 satisfied customers
Can you do boundary law? WA, no, my neighbour has been given
my neighbour has been given a permit from the shire to build a zero lot wall. I told the shire that the plans the neighbour submitted showed his wall on my property. They said it would be taken in good faith that the neighbour would build within his own boundary. The neighbour has given me 7 days notice to remove the fence and start building as per his permit and his plans. However, he hasn't given me a copy of 25A (boundary realignment certificate) and refuses to do so. I have employed a surveyor who will come to my property next week, but this is after the neighbour intends to start building - on my land. The Shire is refusing to intervene because, even though they issued the permit, they say it is a civil matter. Dividing Fences act states that neighbour should not move the boundary until we both agree, however, he is bypassing this with his permit that the shire approved … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
I have a property in Bowen, Queensland, which I have owned
I have a property in Bowen, Queensland, which I have owned since 2005. The neighbouring property has just sold and the new owners undertook a survey of the land boundaries which shows that the surveye… read more
James D. Ford
James D. Ford
Solicitor
1,600 satisfied customers
My Sydney property was bought 15 years ago. The survey showed
My Sydney property was bought 15 years ago. The survey showed NO encroachments. One measure given showed 0.24m from the neighbours property. During a fence dispute a new survey was undertaken by the s… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
We live on a farm at grafton nsw aust.My neighbour took me
We live on a farm at grafton nsw aust.My neighbour took me to the local land board in regards XXXXX XXXXX fencing dispute.He sold me the farm 10 years ago but subdivided 80 ac off ,built a house.four … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
A recent boundary survey by our neighbours who are rebuilding
A recent boundary survey by our neighbours who are rebuilding revelealed that the existing fence adjoining our properties was built inside their boundary by the previous owners. The fence was there wh… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
We are in the process of building a pool and replacing an existing
We are in the process of building a pool and replacing an existing timber fence with a masonry one. These have been approved via a Development Application which was objected to by our neighbour. One o… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
We had large scale landscaping and excavation done in our backyard
We had large scale landscaping and excavation done in our backyard last year and our property is higher than the neighbour's next door. Our neighbour believes that the retaining wall we had built betw… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
WHAT IS THE LEGAL WIDTH OF A FENCE FOUNDATION BETWEEN PROPERTIES HOW
WHAT IS THE LEGAL WIDTH OF A FENCE FOUNDATION BETWEEN PROPERTIES HOW MUCH OF THE FENCE FOUNDATION IS ALLOWED TO PROTRUDE INTO THE ADJOINING PROPERTY. IS THE FENCE FOUNDATION ALLOWED TO COVER THE REAR … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
Hello, We have got our bondary surveyed for a dividing fenc
Hello, We have got our bondary surveyed for a dividing fence ( just the two end points) as that was more economical and sufficient enough to build a fence. The neighbours disputed our survey report an… read more
Peter G.
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
I am buying my home and have been living in my house for 3
I am buying my home and have been living in my house for 3 years. The house next door has just been sold and the new owner has approached me saying that he has had our land servayed and the fence line… read more
Alex Nelson
Alex Nelson
Principal Solicitor
Bachelor's Degree
62 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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